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Section 69A Addition Deleted Because Cross-Examination of Third-Party Witness Was Denied

Income Tax : ITAT Mumbai held that an addition under Section 69A cannot be sustained when the assessee is denied the opportunity to cross-exami...

May 13, 2026 615 Views 0 comment Print


Latest Judiciary


Section 56(2)(x) Not Attracted if Property Purchase Agreement Predates the Provision – Excess Tax Paid by Mistake Eligible for Refund

Income Tax : ITAT Mumbai remanded the case to examine whether Section 56(2)(x) applied based on the agreement date and to consider refund of ex...

July 6, 2026 279 Views 0 comment Print

1439-day delay in Filing Appeal Condoned & Matter Remanded for Fresh Assessment: ITAT Kolkata

Income Tax : ITAT Kolkata condoned appeal delay, set aside the CIT(A)'s order, and remanded the assessment for fresh adjudication after grantin...

July 5, 2026 210 Views 0 comment Print

50-Year Lease Not a Transfer U/s. 2(47)(vi) Without Transfer Arrangement: ITAT Nagpur

Income Tax : ITAT Nagpur held that a 50-year lease is not a transfer under Section 2(47)(vi) where the transaction is only a lease and not an a...

July 5, 2026 99 Views 0 comment Print

Section 10(10B) Exemption for BSNL VRS Compensation Allowed: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad allowed Section 10(10B) exemption on BSNL VRS compensation, following coordinate bench rulings despite no claim in ...

July 5, 2026 117 Views 0 comment Print

Assessment Order Passed on Deceased Person Is Nullity in Law: ITAT Ahmedabad

Income Tax : ITAT held an assessment passed after the taxpayer's death was invalid in law, quashed the order, and treated all remaining issues ...

July 4, 2026 159 Views 0 comment Print


ITAT Jaipur Clarifies Survey Income Taxation, Partner Remuneration & Sec 115BBE

September 15, 2025 669 Views 0 comment Print

The ITAT dismisses a taxpayer’s claim for expenses against income disclosed during a survey but sets aside the application of a higher tax rate on the same income.

ITAT Pune Deletes Disallowance for Salary & Partner Remuneration paid in Cash

September 11, 2025 753 Views 0 comment Print

Pune ITAT deletes disallowance of cash-based remuneration to partners and salaries to employees, finding no legal bar or evidence of inflated expenses.

No addition u/s 68 and 69C for Penny Stock case without any evidence

September 4, 2025 894 Views 0 comment Print

Mere involvement in a flagged scrip, in absence of concrete evidence of manipulation or unaccounted funds, could not justify taxing bonafide transactions. Therefore, the additions under sections 68 and 69C were unsustainable.

ITAT Surat Restores Housewife’s Tax Appeal in ₹11.16 Lakh Case, Imposes ₹10K Cost

September 3, 2025 354 Views 0 comment Print

ITAT Surat sets aside an ex-parte order, mandating a fresh hearing for Anupam Syal on a ₹11 lakh tax addition. The ruling emphasizes natural justice and procedural fairness.

ITAT Patna Remands Section 57 Deduction Claim to AO for Fresh Examination

September 1, 2025 375 Views 0 comment Print

The ITAT Patna has set aside an income tax order, remanding the case of Waseem Alam back to the ITO. The tribunal granted the assessee a new opportunity to provide documents.

When Sales Are Real, Purchases Can’t Be Fake; AO’s Logic Butchered

August 29, 2025 675 Views 0 comment Print

The ITAT Ahmedabad dismissed the tax department’s appeal, ruling that cash withdrawals of ₹8.89 crore were not unexplained. The tribunal upheld the assessee’s claim that the cash was used for business payments, as the tax officer had accepted the corresponding sales.

De novo adjudication granted in matter of taxability of industrial promotion subsidy

August 26, 2025 474 Views 0 comment Print

ITAT Mumbai remitted matter of taxability of industrial promotion subsidy back to CIT(A) for de novo meritorious adjudication as details and documents demanded thereon were not furnished by the assessee.

No addition of IGST Refund reported in Clause 16(b) of Form 3CD (Tax Audit Report) as same was not taxable u/s 43B

August 26, 2025 1101 Views 0 comment Print

Assessee-company was traded in electric security equipment systems and filed its income return declaring NIL income after setting off unabsorbed depreciation.

Interest & Penalties on Delayed VAT/GST Deductible u/s 37(1) ITAT Mumbai

August 24, 2025 1515 Views 0 comment Print

ITAT Mumbai held that interest on delayed VAT/GST and penalties for export obligation defaults are deductible u/s 37(1). However, loss on sale of assets was treated as short-term capital loss and could not be set off against business income.

CIT(A) Cannot Change or reverse his Decision Under Garb of Rectification

August 23, 2025 1059 Views 0 comment Print

ITAT Jodhpur quashes a rectification order, ruling a CIT(A) cannot change a decision under the guise of rectifying a mistake apparent from the record.

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